2013 Clinical Genome ConferencePDF
1625 Post Street
San Francisco, California
Robinson Bradshaw's John M. Conley presented "The Current State of the Gene Patents" at Bio-IT World & Cambridge Healthtech Institute’s Second Annual Clinical Genome Conference: The Business of Integration and Implementation. This event was held on Thursday, June 27 at Hotel Kabuki in San Francisco, California.
Conley's presentation analyzed the current state and likely future of gene patents. The primary focus was on the ongoing AMP vs. Myriad Genetics case, now before the Supreme Court, which is the first case to raise squarely the question of whether and in what forms DNA sequences can be patented. A decision is possible before the conference, so the presentation may be able to provide a timely report on what the Court has decided. The presentation also reviewed other, less publicized ways in which gene patents have been effectively challenged, including through the nonobviousness and written description requirements. Moreover, current and future sequencing technologies may be bypassing single-gene patent claims, rendering them less valuable regardless of what the Supreme Court decides, and motivating companies to seek other kinds of commercial advantages. Myriad Genetics’ announced business strategy for Europe was discussed as a reflection of this new reality.